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Car Accidents
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Posts Tagged ‘DUI accident’

Wrongful Death: Nuance of Prosecuting A Double Death Head-on DUI Case

DUI accident, wrongful death lawyer

March 2nd, 2010: Law Blogger

Injury AccidentMothers Against Drunk Driving (MADD) of Everett are really…well, mad today. Why? Because last Friday night tragedy struck when a drunk driver drove the wrong way up a freeway on-ramp and killed two young people. If that’s not enough to light a fire under MADD’s collective bodices, the fact that the driver has walked free has started a blaze that might be able to be seen from space.

They’re wondering why the driver is out able to buy lattes and catch up on her DVR while two young people lay in the morgue. The Everett Police and the Everett Prosecutor’s office assure the public they have an explanation.

“This sounds like an extraordinary circumstance,” MADD’s McDonald said. “These are very serious charges, and we would be disappointed if the system was not looking out for the security of the public.”

Wrong Way Head-on DUI Accident

Investigators told the Everett Herald at least one passerby, a driver who wasn’t involved in the crash, witnessed what happened and was able to help detectives deconstruct the course of events.

Detectives investigating the incident believe the suspect was driving her SUV northbound on Broadway near the Evergreen Cemetery around 10 pm Friday. The area is the site of a tremendously large project where new ramps were added and streets were rerouted. The construction is now done and the paths are clearly marked.

Detectives suspect that the drunken woman missed a right turn onto an overpass that leads northbound traffic to the continuation of Broadway past 41st Street. Instead, the driver allegedly went straight, entering the southbound lanes against traffic and crashed head-on with Blair’s car under the 41st Street overpass.

The suspected drunken driver a Bothell woman, 28, wasn’t hurt. Her passenger, an Everett woman, 31, was treated at a local hospital.

The Snohomish County Medical Examiner’s Office identified the victims as the car’s driver, Sheena Blair, 24, of Tacoma, and passenger Martin Ramirez, 19, also of Tacoma.

The surviving passengers of the car were rushed to Harborview Medical Center in Seattle. They are men, both 18. One man is from Lakewood, Pierce County; police weren’t certain where the other man lives. Goetz said both men were in listed Monday in serious condition.

DUI Suspect Walks Free

Wrongful DeathDetectives arrested the woman at the scene for investigation of vehicular homicide, drunken driving and vehicular assault. She was not jailed because once a suspect is put behind bars a clock starts ticking for prosecutors to move the case toward trial, Everett police Sgt. Robert Goetz said.

Joan Cavagnaro, Snohomish County’s chief criminal deputy prosecutor, said it’s not unusual for investigators to delay jailing a suspect.

While Cavagnaro said she could not comment on Friday’s case, she said there’s often complex evidence in vehicular homicide cases that can take time to process.

Prosecutors are limited by time once a suspect is jailed, she said. Defendants and suspects have rights that must be balanced against public safety concerns.

Because the woman was freed without being booked into jail, no bail was set and her activities are not restricted. Goetz said the woman is not considered a flight risk.

“With a couple of deaths involved, that’s an insult to the victims,” said Carl McDonald, a spokesman for Mothers Against Drunk Driving. “Maybe the system is not taking the best care to protect the public.”

Sgt Goetz explained, “Building the case correctly is the primary concern, and that means having the evidence ready for prosecutors, even if that means the suspect for a time walks free.”

“We understand that the public could be a little surprised that we didn’t book her,” he said. “But it is the best thing for the case, and the prosecution of the case, and to do justice for the victims.”

Victims of Both a DUI Driver and an Overburdened System

Blood was drawn from the suspect the night of the wreck and the sample was sent to the Washington State Patrol Crime Lab right away for testing.

It was the investigator’s concern that the results from the overloaded crime lab might in some way be delayed was a major factor in the decision not to place the suspect jail, Goetz said. All she had to do was enact her constitutional right to a speedy trial and the case may have fallen apart because the evidence might not have been available by the time of the trial.

This is a huge concern for State crime lab officials, whom have been open about budgetary staffing problems that increase their struggle to keep pace with demand for forensic tests in criminal cases.

Other police departments also say they don’t always immediately book suspects in vehicular homicide cases. Investigation is critical and often takes time, Snohomish County sheriff’s spokeswoman Rebecca Hover said.
“There’s a lot of time and effort that goes into a crash investigation like this,” she said.

Investigators don’t merely finished when the evidence is collected and the car’s wreckage are towed from the road.

“That’s just the beginning,” Hover said.

Cavagnaro, the prosecutor, said each case needs to be examined individually to decide when it is best to place the suspect behind bars.

“The investigator is in the best place to make a decision to determine if there’s enough evidence to proceed at the get-go, or if they need additional time to pull together sufficient evidence,” she said.

Frustration Mounts

MADDFrustration over these situations felt by MADD is also felt by many involved including the families of the victims. Not only for those who were killed but also those who are injured.

The drunk driver in this case is facing a lifetime of struggle for her actions. She may not get out of prison until she’s 40 or perhaps later. This is a large price to pay for a fun night of drinking, but a small price to pay for two lost lives and three injured. It sounds as if she is going to do the noble thing and face her charges regardless of the delay in arrest.

If you or a loved one are a victim of a DUI injury accident or a wrongful death due to DUI, it is important that you find experienced legal representation. Call Phillips Webster for a consultation into your legal rights.

19 year-old Driver Critically Injured in DUI Roll Over Accident

DUI accident, DUI accident attorneys

February 26th, 2010: Law Blogger

24300 block of 75th Ave SW on Vashon Is.Vashon Island – A 19 year-old driver was heading north in the 24300 block of 75th Avenue Southwest last night when he lost control of the car.

“The Ford Bronco drove off of the road onto the east shoulder, where the vehicle went into a ditch and rolled over,” King County sheriff’s Deputy Travis DeFries said.

Medics carefully removed the man from the SUV. His injuries were deemed critical so he was flown by medical helicopter to Harborview Medical Center. An update on his condition was not available earlier this afternoon.

Investigators believe that speed and alcohol may have been factors, DeFries said.

It is good that the driver survived the roll over accident. Unfortunately, while he is healing from his wounds he will also most likely be facing a costly DUI charge. Not to mention his insurance premiums rising and his medical bills. If he’s lucky he may even still have a job after the ordeal is settled. That is unlikely.

If you or a loved one have been fallen victim to a DUI driver it is important that you find experienced legal professionals to represent you. Call Phillips Webster today for a consultation.

Two Bars Cited for Fatal DUI Wrong Way Head-On Crash

DUI accident, DUI accident attorneys

February 25th, 2010: Law Blogger

Dec. 17th Fatal DUI wrong way head-on crash in SpokaneSpokane – DUI car wrecks don’t happen in a bubble. For a long time now, bars have been able to be liable for over-serving patrons that turn around a cause harm to the public through drunk driving.

Now, the state Liquor Control Board has cited two Spokane bars in connection with a drunken driving crash in December that killed three people.

Sterling Kruger, 22, of Davenport, closed the bar on Dec. 17th, 2009, and proceeded to drive an estimated 90 miles-per-hour up the on-ramp from Highway 2 to Eastbound I-90 and slammed head-on into a car carrying two people, killing everyone.

Witnesses reported, moments before the crash, Kruger’s reckless driving to police and that Kruger may have been involved in a minor crash in the bar’s parking lot.

I-90 off-ramp to Highway 2 facing the wrong wayJames Bolton, 61, and Trina Erickson, 47, both from Spokane Valley, were driving down the ramp in their Dodge Stratus when Kruger crashed his Honda head-on into their car. The combined speed of the vehicles in the collision was more than 100 miles an hour.

The bars cited have been identified as The Lions Lair and the BLVD. Officials want the BLVD’s liquor license suspended for 30 days, and they want either a five-day suspension or a fine against the Lion’s Lair.

It is illegal for bars to over-serve a patron. Though they are not liable for all of an individual’s actions, if the individual is visibly intoxicated, most bars have a policy that they stop serving the patron and offer them a non alcoholic beverage. The bar’s liability comes when the patron gets into their car. That is when they are most dangerous and their actions are directly related to their activity in the bar.

If you or a loved one have been affected by the negligence of a business as associated with a DUI accident it is important you find out your legal rights. Contact Phillips Webster for a consultation.

Pedestrian Fatality Caused by DUI; Driver Charged With Homicide

DUI accident, wrongful death lawyer

February 23rd, 2010: Law Blogger

204th street in GrahamGraham – Shortly before 5:30 p.m. Dec. 27, 2009, 14 year old Bethel Junior High School student Daniel Morse and two friends were heading down 204th Street East. Morse was on a skateboard; the friends were on their bicycles.

According to court documents, the friends told deputies that a Subaru driven by Darrell Andrew Ross, 30, hit Morse at a “high rate of speed” in the 9700 block. Morse was launched into the air and landed several feet away. The friends reported that the car’s headlights were off even though the winter sun had gone down.

Another witness told deputies he had been following Ross because Ross “had been drinking and his brakes were not functioning properly,” court documents state. The two were on their way to getting the brakes fixed.

The witness went on to report that Morse started to cross the road when he was hit with “force.”

“He added that he saw the defendants’ brake lights come on just prior to 98th Ave. E. and that he was not able to stop until 97th Ave. E.,” court documents state.

After the accident at the scene, Deputies said that Ross told them he had been westbound on 204th and didn’t see anyone in the road. The deputies arrested Ross after performing field sobriety tests.

“After being advised of his right, the defendant stated that he just did not see the kid in the roadway and that he was not drunk,” court documents state.

Ross also reported his headlights were on and there were no problems with his brakes. Sheriff’s investigators were conducting tests on the Suburau. The results were pending.

Deputies then took Ross to Good Samaritan Hospital for a mandatory blood draw. The state toxicology lab tested the samples, which showed Ross’ blood alcohol level was 0.10.

Pierce County Prosecutors say Ross was drunk on Dec. 27when he hit and killed Daniel. Prosecutors have charged the 30-year-old with Vehicular Homicide.

Ross is looking at up to 3 ½ years in prison.

This is a very sad situation, especially the family of Daniel. The traumatic scene will stay with his friends and the charges will stay with Ross for the rest of their lives. Whole lives can change in an instant. Our condolences go out to all those involved.

DUI is a serious offense. With such instantiations change we urge everyoPostsne not to drink and drive. If you or a loved one have been involved in a DUI accident it is important that your review your legal rights. Call Phillips Webster for a legal consultation.

Wrong Way on I-90: DUI Fatality in Head-on Collision

DUI, DUI accident, DUI accident attorneys

February 22nd, 2010: Law Blogger

I-90 outside of NorthbendNorth Bend – A 25 year old man in a Jeep drove up the westbound ramp drivingeastbound around 12:25 am Saturday night. A State Trooper happened to be traveling westbound around the curve at mile 28 when he was suddenly faced with the Jeep coming straight for him.

“The trooper quickly swerved onto the left shoulder to avoid the vehicle,” spokesman Dan McDonald said in a statement. “The wrong way driver also swerved to his left, and in turn collided head-on with a 2007 Ford box truck that was traveling in the left center lane behind the trooper.”

The Jeep driver was killed instantly. A 25-year-old Bremerton woman who was riding in the Jeep and the truck driver, a 43-year-old Lynnwood man, were both rushed to Harborview Medical Center.

DUI is believed to be the cause of the collision, McDonald said.

The name of the Jeep driver has not been released, pending notification of his family.

The tragedy on Saturday night is just another example of why drinking and driving is so terrible. It impairs judgment, decision making, and reaction time. There is no logical excuse a person can give to drive drunk. Please, just don’t do it.

If you or a loved one are a victim of a drunk driver it is important that you find legal council as soon as possible. Call Phillips Webster for a consultation on your legal options.

DUI Driver Sentenced to 4 Years in Fatality Accident

DUI accident, DUI accident attorneys, fatal accidents

February 18th, 2010: Law Blogger

I - 82 in Grandview Kennewick – Edward Castilleja, 49, a father of five from Prosser, was drunk when he got behind the wheel of his truck on Nov. 7th, 2009 and drove east in the westbound lanes of Interstate 82. He slammed head-on into Angleica Barajas’ car. The wreck killed Angelica Barajas, 20, of Grandview and seriously injured her 11-year-old cousin, Stephanie Vega.

Castilleja had a previous DUI from 10 years ago.

After a long investigation, two weeks ago Castilleja finally pleaded guilty to vehicular homicide and vehicular assault charges for the fatal crash. He was sentenced to almost 4 years in prison.

“I’ll tell you, these crimes were avoidable,” said Judge Bruce Spanner before giving Castilleja a mid-range sentence of three years and 11 months in prison. “You need to make the decision in advance before you drink.”

Castilleja was taken into custody immediately after the emotional sentencing hearing in Benton County Superior Court.

There were reports of a lot of tear shed throughout the hearing as the victims’ families filled two rows of seats in court Wednesday. Stephanie, who fractured her leg, sat in a wheelchair in the aisle of the court room.

Family members and supporters were there for the sentencing but were too upset to address the court, said Prosecutor Andy Miller.

The family supported the plea deal because they didn’t want to go through a trial, but felt Castilleja deserved more time behind bars, Miller said.

Defense attorney Scott Johnson asked for a bottom-range sentence of three years and five months, pointing out that his client has been a productive member of society who worked hard to support his wife and five children.

Castilleja took full responsibility for what he did and “clearly, if he could have changed the sequence of events (that night), he would have done that.” Johnson said.

Castilleja told Spanner he works hard to provide for his family and tries to be there to help people.

“I’m not used to taking from people,” he said. “The only hope I have is that maybe some day they’ll find some forgiveness.”

As the judge Spanner stated, this tragedy was completely avoidable. Decisions don’t start after the car has started moving, decisions begin before a someone gets behind the wheel of a vehicle.

If you or a loved one are injured in a DUI accident it is important that you are properly represented. Call Phillips Webster for a consultation on your legal options.

Two Men Killed in Everett Overpass Accident

auto accident, auto accident lawyer, DUI accident, DUI accident attorneys

February 4th, 2010: Law Blogger

Overpass of 19th Ave and Interstate 5Everett – Yesterday at 6:51 pm, four people riding in a sport utility vehicle struck a guard rail at high speed, flipped, and the two men sitting in the back seat were ejected. Police reported that the two, identified as Mario J. Torres, 25, of South Everett, and Eric Vanalstine, 23, were not wearing seatbelts at the time of the accident.

Torres was pronounced dead at the scene. Vanalstine was rushed to Providence General Medical Center’s Pacific Campus, where he was pronounced dead 6 hours later. The driver walked away from the wreck, the front seat passenger was treated for minor injuries.

Later Everett Police Lt. Jim Brauch said that the driver was speeding and may have been under the influence of alcohol. He is currently being held on suspicion of vehicular homicide.

DUI Accident Leaves Two Seriously Injured

auto accidents lawyers, civil liability, DUI accident, fatalities, serious injuries, speeding

August 24th, 2009: Washington Law Blogger

Alcohol and speeding seem to be an unfortunate match when it comes to driving in certain circumstances. Many times, a DUI accident involves reports of the driver speeding before a crash, and this combination is as dangerous as it gets. That notion was reinforced recently in Allyn, but despite the severity of the crash, it fortunately did not lead to any fatalities. It did, however, result in serious injuries to two of the vehicle’s occupants.

According to the Kitsap Sun:

“A 19-year-old Allyn man was driving a 2007 Ford Focus west on the 700 block of East Lake Shore Drive in Lakeland Village at about 10:15 p.m. when the car left the roadway and crashed, deputies said.

An unidentified male passenger was seriously injured, said Mason County Chief Deputy Dean Byrd, and taken to Harborview Medical Center by helicopter. He is listed in serious condition at the Seattle hospital.

A 17-year-old Allyn girl was taken to Mason General Hospital in Shelton and later flown to Harborivew. She is listed in serious but stable condition, Byrd said.”

The driver was booked on suspicion of DUI, and investigators have yet to gather and publish all of the evidence that relates to the accident. Regardless, the driver will likely face not only criminal, but also civil liability. These situations are all too common, and if you have been injured as a result of the negligence of a drunk driver, you need to take preliminary steps to obtain the information you need regarding your legal rights and options as you recover from your injuries. Contact the auto accidents lawyers at Phillips & Webster today to schedule a free initial consultation.

Washington Supreme Court Restores $14M DUI Accident Verdict

damages, DUI, DUI accident, DUI accident attorneys, injuries, liability, negligence

July 17th, 2009: Washington Law Blogger

When someone gets behind the wheel after drinking and causes injuries or worse, the parties who could be liable extend beyond the driver who caused the crash. While many states have a law in existence that’s known as the Dram Shop Act, Washington’s liability standards are not as clear. This is partially what led to the overturning of a trial court award by the Appellate Court for a disabled child. Yesterday, the award was restored by the Supreme Court.

According to the Seattle Post-Intelligencer:

“The Supreme Court in Washington state on Thursday unanimously reinstated a $14 million award to a family who sued a tavern and a bartender after one of the bar’s customers drove away from the establishment and collided with their car, leaving a 7-year-old-boy a paraplegic.

Under state law, bartenders who serve visibly intoxicated customers are liable for damages to potential victims. At question was the type of evidence needed to prove “negligent overservice.”

Washington state’s justices noted that a forensic consultant found that the bar patron – Hawkeye Kinkaid – likely drank the equivalent of either 21 12-ounce beers or 30 ounces of 80-proof alcohol, and probably had a blood alcohol content of 0.32 at the time of the collision. The legal threshold in Washington state is 0.08.”

While this situation remains a senseless tragedy for many involved, including the driver who was killed in the accident, the boy who faces a lifetime of struggle will now be able to rest assured that his care will be paid for adequately. If you or someone you love has been harmed in a DUI accident, contact the attorneys at Phillips & Webster today to schedule a free initial consultation.

Biker Killed by Motorist in Suspected DUI Accident

arrest, attorneys, auto accident, DUI accident, fatalities, Wrongful Death

July 4th, 2009: Washington Law Blogger

Riding a bike at night can be a risky venture in a big city like Seattle, but it should not be deadly. Tragically, that’s exactly what it was on Wednesday night when a biker was brutally struck by a vehicle on an off-ramp and killed. The rider has since been identified, and the driver of the vehicle is under investigation for vehicular homicide, according to an article in the Seattle Post-Intelligencer:

“The bicyclist killed Wednesday night after colliding with a car on an Aurora Avenue North off-ramp has been identified as John U. Leoni, 35.

Leoni, who was identified by the King County Medical Examiner’s office, was struck about 10:20 p.m. while crossing the Dexter Way North off-ramp, police said. The 26-year-old driver, who took the Dexter exit from southbound Aurora Avenue North, was transported to Harborview Medical Center with non-life-threatening injuries.

A Medical Examiner’s spokesman said Leoni suffered blunt force injury to the head, torso and extremities, and had his lower left leg amputated in the collision.

“Investigating officers evaluated the suspect, who showed signs of being under the influence of alcohol and/or drugs,” Seattle police said in a statement Thursday afternoon. “The suspect was arrested for investigation of vehicular homicide. A blood draw was completed on the suspect, and laboratory results are pending.”

The police investigation is continuing.”

If the laboratory results come back showing that the driver was intoxicated, it will open an entirely separate and more serious set of issues to question for the suspect. However, that changes nothing for the family of the man wrongfully killed. If you or someone you love has been injured in a DUI accident, contact the auto accident lawyers at Phillips & Webster immediately to schedule a free initial consultation.